Polish regulator UKE has completed so-called auto-correction of activities related to the tender for frequencies in the 1800 MHz band in 2007. In this way, the regulator removed the infringements that were the reason for annulling the tender, after a long judicial battle with T-Mobile Poland, and thus approved the rights of the Cyfrowy Polsat Group to use these frequencies. T-Mobile Poland does not agree with the regulator’s decision and plans to appeal.
In the tender in 2007, the 1800 MHz frequencies were awarded to the companies Centernet and Tolpis, both now trading as Aero2, belonging to Cyfrowy Polsat. The results of the tender were questioned by T-Mobile Poland, whose bid was rejected because of a formal defect. The courts eventually decided that UKE should annul the tender proceeding. UKE did so, but has not withdrawn the licences awarded then for the period until the end of 2022.
UKE applied the ‘corrective actions’ mechanism: it took T-Mobile’s offer, re-ranked the bids and confirmed the original winners, Tolpis and Centernet.
T-Mobile announced it would take legal steps after analysing the UKE’s decision. The decision may go to appeal at the administrative court. The tender’s limitation period theoretically expired after ten years in November 2017, but according to some interpretations, it will not expire until 2019, as there are different opinions on which date the ten years starts from.
The 1800 MHz band is also subject to reshuffling negotiations between UKE and the operators Orange Poland, T-Mobile Poland and Polkomtel, so far without any result.